Smith v. Superintendent
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|Date Filed||#||Document Text|
|May 29, 2014
JUDGMENT: IT IS ORDERED AND ADJUDGED, that pursuant to the Memorandum Decision of the Hon. James K. Singleton, Jr., United States District Judge, dated May 28, 2014, that Smith's 1 Petition for a Writ of Habeas Corpus is DISMISSED as untim ely. 28 U.S.C. 2244(d)(1)(D); Bolarinwa, 593 F.3d at 232. IT IS FURTHER ORDERED THAT the Court declines to issue a Certificate of Appealability. 28 U.S.C. § 2253(c); Banks v. Dretke, 540 U.S. 668, 705 (2004) ("To obtain a certificate o f appealability, a prisoner must 'demonstrat[e] that jurists of reason could disagree with the district court's resolution of his constitutional claims or that jurists could conclude the issues presented are adequate to deserve encourag ement to proceed further.' " (quoting Miller-El, 537 U.S. at 322, 327 (2003))). Any further request for a Certificate of Appealability must be addressed to the Court of Appeals. See FED. R. APP. P. 22(b); 2D CIR. R. 22.1. (ptm) (Copy served on petitioner by regular mail)
|March 20, 2014
ORDER PROVIDING FOR SUPPLEMENTAL BRIEFING REGARDING EQUITABLE TOLLING BASED ON MENTAL ILLNESS: ORDERED THAT Smith has 30 days, or up to and including April 21, 2014, to file a supplemental brief detailing his equitable tolling claim. Smith must su pport his claim with evidence that his "particular disability constituted an 'extraordinary circumstance' severely impairing [his] ability to comply with the filing deadline, despite [his] diligent efforts to do so." Bolarinw a, 593 F.3d at 232. If Smith does not comply, or if he fails to come forward with sufficient evidence that equitable tolling is warranted, this Court will dismiss his Petition for Writ of Habeas Corpus as untimely. IT IS FURTHER ORDERED THAT Respondent has 30 days from the filing of Smith's supplemental briefing to file its response. (Supplemental Brief due by 4/21/2014) Signed by Judge James K. Singleton on 3/20/2014. (ptm) (Copy served on petitioner by regular mail)
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